Verizon Deal Ends Inquiry Over Fees - New York Times

WASHINGTON — Verizon Wireless, the nation’s largest mobile phone carrier, will pay $25 million to end an investigation into complaints that it had charged 15 million cellphone customers unauthorized data fees over the last three years, the Federal Communications Commission announced Thursday.

Verizon announced this month that it intended to refund money to its customers for the unauthorized charges. Under a consent decree with the F.C.C. announced Thursday, the company also will pay a minimum of $52.8 million in refunds.

The $25 million settlement is the largest payment under a consent decree in the F.C.C’s history, said Michele Ellison, chief of the agency’s enforcement bureau.

“Today’s settlement requires Verizon Wireless to make meaningful business reforms, prevent future overcharges and provide consumers clear, easy-to-understand information about their choices,” Ms. Ellison said. “I am gratified by the cooperation of the Verizon Wireless team in the face of these issues and pleased they are taking the high road.”

In a statement, Verizon said: “We are a company that listens to its customers and in this case we got to the bottom of a problem and resolved the errors. We have taken this action because it is the right thing to do.”

The long road to the settlement began in November 2007, when customers first started experiencing and then complaining about mysterious $1.99 charges on their monthly phone bills for data sessions that they had not initiated.

The F.C.C. said it started investigating last January after a large number of customer complaints about the charges and after reports in 2009 in The Plain Dealer of Cleveland and The New York Times.

The charges affected customers with a “pay as you go” plan for data or Internet access. Verizon said the “vast majority” of the erroneous charges were incurred when software that was preloaded on some phones automatically contacted Verizon’s data service in what the company called an “acknowledgment” session.

Verizon said that in September 2009 it put in place a feature to limit those inadvertent charges. In addition, the company said it had sometimes accidentally charged customers for access to Web sites through links that were not supposed to lead to data charges. Many customers complained that if they had accidentally hit a wrong button on their flip phones, they would be connected to the Internet and charged a $1.99 fee.

The F.C.C. required and Verizon agreed to take steps to prevent such charges in the future. The company said those steps included software changes to remove automatic acknowledgments between Verizon data centers and phones, and new internal controls that would prevent charges when customers accessed free Web site links. In addition, the company will put in place a data charge task force to monitor and resolve complaints. The task force must report regularly to the F.C.C.

The F.C.C. and Verizon also agreed that the company would initiate customer service improvements, including clearer explanations of its pay-as-you-go data charges and ways for customers to avoid extra charges; an online video tutorial to help consumers understand their bills; and additional training for Verizon customer representatives on pay-as-you-go plans.

Verizon has begun notifying customers eligible for refunds, and it will apply credits or, in the case of former customers, mail checks for the refund amounts in October and November. Most of the credits range from $2 to $6, Verizon said. About 77 million of its customers, or roughly five out of six, are unaffected, the company said.

Customers who do not receive a refund but believe they had unauthorized data charges can appeal and receive a resolution within 30 days, the F.C.C. said.

Julius Genachowski, the F.C.C. chairman, said the settlement “will serve as a significant deterrent to others in the future.”

Mr. Genachowski added: “Today’s consent decree sends a clear message to American consumers — the F.C.C. has got your back. People shouldn’t find mystery fees when they open their phone bills, and they certainly shouldn’t have to pay for services they didn’t want and didn’t use. In these rough economic times, every $1.99 counts.”

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The Caucus: Bill Clinton Urged Florida Democrat to Quit Senate Bid - New York Times

Former President Bill Clinton last week tried to convince Kendrick Meek, the Democratic candidate for Senate in Florida, to drop out of the race – but Mr. Meek changed his mind at the last minute, a spokesman for Mr. Clinton said Thursday evening.

Matt McKenna, Mr. Clinton’s spokesman, said the former president believed that Mr. Meek would not win on Tuesday and was urging him to drop out and endorse Charlie Crist, the state’s governor, who is running for the Senate as an independent.

The back-channel efforts by Mr. Clinton, which were first reported by Politico, were apparently an effort to prevent the state’s Senate seat from falling into the hands of Marco Rubio, the Republican who is leading both of his rivals in the polls.

There had been reports that for several weeks that Mr. Meek was being urged to consider dropping out of the contest. But the Democrat said repeatedly that he was staying in until the end.

“I will not drop out of this race for any reason,” Mr. Meek said at the time.

Mr. Clinton, who is a close friend of Mr. Meek, had come close to convincing him to drop out last week while they were campaigning together across the state, Mr. McKenna said. The pair even came close to setting a date – Oct. 26 — at which Mr. Meek would endorse Mr. Crist and hold a rally.

But the idea fell apart after Mr. Meek changed his mind, Mr. McKenna confirmed.

The negotiations recalled similar efforts by Mr. Clinton to act as a go-between for the White House in trying to convince Joe Sestak to drop out of his primary challenge against Arlen Specter, the Republican-turned-Democratic senator from Pennsylvania.

Politico reported that the White House was aware of Mr. Clinton’s talks with Mr. Meek but did not initiate the discussions.

A Crist campaign spokesman, Danny Kanner, issued the following statement about the report.

“While this story is accurate, the Governor’s focus is on uniting common-sense Democrats, independents, and Republicans behind his campaign because he is the one candidate who can defeat Tea Party extremist Marco Rubio and deliver bipartisan results for Florida in Washington,” the statement said.

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Can a 'liberal gene' determine political stance? Researchers say it's so - Los Angeles Times

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Can a 'liberal gene' determine political stance? Researchers say it's so Share By Mary Forgione, For the Los Angeles Times October 28, 2010|1:51 p.m.

E-mail Print Text Size la-heb-liberal-gene-20101028 Now Fox political pundit Bill O’Reilly will have a new factor to consider in vetting his guests. Researchers say they have found a "liberal gene" that ties political ideology to something other than social factors.

The study published Thursday in the Journal of Politics comes from UC San Diego and Harvard University researchers who overlaid the presence of a dopamine receptor gene called DRD4 with the social networks of 2,000 people to examine the potential link.

Here's how a UC San Diego statement explains the study:

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"[Researchers] reported that 'it is the crucial interaction of two factors – the genetic predisposition and the environmental condition of having many friends in adolescence – that is associated with being more liberal.' The research team also showed that this held true independent of ethnicity, culture, sex or age." Click here to read the full story.

News media were quick to seize on the findings. "Don’t hold liberals responsible for their opinion – they can’t help themselves," a Fox news story begins. Hmmm, "fair and balanced" meets "truthiness."

So if political disposition can be part nurture and part nature, how does that account for red states and blue states? And are independents kind of genetics-lite?

Stay tuned. Lead researcher James H. Fowler, professor of political science and medical genetics at UC San Diego, says in the university's statement: "It is our hope that more scholars will begin to explore the potential interaction of biology and environment. ...The way forward is to look for replication in different populations and age groups." Copyright © 2010, Los Angeles Times

E-mail Print Digg Twitter Facebook Read This Later   Comments (1)Add / View comments | Discussion FAQ The Old Soul at 7:07 PM October 28, 2010

Sure...Liberalism can be determined by genetics...if that IS true. Then so can conservatism, and I'll happily be offensive here and say. Let's go with the side of the genetic coin that follows more than blind and stubborn values that are as obsolete as they are mindless. Saying there is a 'liberal gene' implies on some level that it's abnormal. What the hell? I don't know what they mean by 'liberal' that they've found a gene for it. Being pro choice and pro gay marriage and anti big business and for cheaper healthcare?

MAYBE just maybe, it's a gene for thinking for yourself. Nobody seems to question the conservative stance. As an example...what about the Teaparty?

I want to know what gene governs such an illogical and idiotic principal of electing officials who know absolutely nothing about politics and are divorced from reality. The inability to rationalize and face the reality of the world I feel is a far more scary genetic defect than 'liberalism'.

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